California jurisprudence; a complete statement of the law and practice of the state of California Volume 5

 
9781236518057: California jurisprudence; a complete statement of the law and practice of the state of California Volume 5

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...provide for but one salary as an incident to a county office. 1. Los Angeles Pressed Brick Co. v. Biggins, 8 Cal. App. 514. 97 Pac. 414, 420 (holding unrecorded building contract not void as between owner and contractor); Ooldtreo v. San Diego, 8 Cal. App. 505, 97 Pac. 216; Hughes Brothers v. Hoover, 3 Cal. App. 145, 84 Pac. the voice of the people speaking in their sovereign capacity, and it must be heeded. When it speaks with reference to a particular matter, it must have effect as the paramount law of the land.8 It is equally obvious that no rule of court, howsoever general its terms, may contravene a privilege based upon a constitutional right.3 Where the constitution. establishes a right and stipulates that appropriate legislation may be passed to provide for its enforcement, every provision of the laws which the legislature may enact must be subordinate to and in consonance with the constitutional provision.4 A legislative definition, therefore, cannot be more inclusive than the constitutional definition of the same term. It can neither enlarge nor diminish its scope.5 Nor may the legislature, when given authority to pass laws in regard to a particular subject, legislate in a manner conflicting with the provision carrying such authorization.6 Likewise, where a classification is made in the constitution, neither the legislature nor the courts can make a different classification.7 681 (legislative enactments In re-sation law); Albert v. Hobler, til gard to merchanies' liens). See Cal. 398, 43 Pac. 1104; Fulton v. infra, §§ 41-45. Brannan, 88 Cal. 454, 26 Pac. 506; 2, People v. Parks, 58 Cal. 624. PeoPle v. Bagley, 85 Cal. 343, 24 3. San Joaquin etc. Irr. Co. v., „..-,... 190 „ „ Cal. App. 242, 84 Pac. 1000 (as to...

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